Houses in multiple occupation
- Introduction and definitions
- What is an HMO?
- Regulations
- Licensing
- HMO brochures and leaflets
- External web links
Houses in multiple occupation - Introduction
Housing law and planning law define HMOs differently. This section deals only with housing law, handled by the council’s Private Housing Service (phs@lbhf.gov.uk, 020 8753 1221).
Changing the planning 'class of use' of a building requires planning permission, handled by the planning division of the council’s Environment Department (environment@lbhf.gov.uk, 020 8753 1081).
Housing Act 2004
On 6 April 2006, most sections of the Housing Act 2004 came into force, and changed the ways in which living conditions are regulated in HMOs – i.e privately owned rented living accommodation occupied by more than one household. It changed the definition of a ‘household’ and of an HMO, introduced both compulsory licensing of certain HMOs and new HMO Management Regulations, which apply to both landlords and tenants.
An HMO licence limits the numbers of persons and households according to the rooms and amenities available, and sets appropriate licence conditions.
Some sources of information about HMOs and HMO Licensing
View the links at the end of these pages. The Housing Act 2004 and the various Statutory Instruments relevant to HMOs are public documents and are available online at the website of the Office of Public Sector Information: www.opsi.gov.uk/legislation (opens new window).
Government information about HMOs and HMO Licensing is available online from the Department for Communities and Local Government website: www.communities.gov.uk/housing/rentingandletting/privaterenting/ (opens new window).
Some definitions have changed
As well as bed-sit accommodation, house-shares and flat-shares have now been re-defined as HMOs.
The definition of “household” has changed to mean family relatives (plus domestic workers living rent-free). Consequently, for example, a group of three friends or students sharing a flat might previously have been considered a single household. Now each individual must be counted as a separate household, so the shared flat has become an HMO. It is therefore subject to the 2006 HMO Management Regulations (but it is not licensable, because it doesn’t have 3 storeys and 5 occupants).
"Household" (defined in Section 258, Housing Act 2004) means family relatives plus persons of a prescribed relationship, prescribed in Regulation 3 of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 [Statutory Instrument 2006 No. 373].
"Family relatives" includes: couples (including common law and same sex couples); persons related to each other, or to either member of a couple: child (step-child, foster-child, grandchild), parent (step-parent, foster-parent, grandparent), brother, half-brother, sister, half-sister, aunt, uncle, niece, nephew, cousin.
"Prescribed relationships" include: domestic workers living rent-free, such as an au pair, nanny, nurse, carer, governess, maid, butler, cook, cleaner, chauffeur.
Mandatory HMO Licensing (England & Wales)
If a ‘shared’ HMO has five occupants and three storeys (counting all the living accommodation plus commercial storeys), it is subject to mandatory HMO licensing, and the owner/manager/landlord must now apply to the local housing authority for an HMO licence, or face a maximum fine of £20,000. In this borough, licensing is handled by the HMO Team in the council’s Private Housing Service (phs@lbhf.gov.uk, 020 8753 1221).
No ‘additional licensing’
No local ‘additional licensing’ schemes are being created in Hammersmith and Fulham borough, so only mandatory licensing applies.
Registered ‘shared’ HMOs automatically deemed to be licensed
‘Shared’ HMOs which were, on 6th April 2006, registered in one of the Council’s nine HMO registration schemes were deemed to be automatically licensed from that date until the expiry date of their registration, with the same conditions as they had under the registration scheme. For these properties, a licence application and fee are not necessary until the ‘deemed’ licence expires.
While registration of ‘shared’ HMOs ended on 6th April 2006, registration of HMOs consisting entirely of self-contained flats ends on 1st October 2008 (because the relevant sections of the Housing Act 1985 are repealed).
Under the Housing Act 2004, an HMO is either:
(a) a ‘section 257 block’ HMO consisting of converted self-contained flats (not licensable), or
(b) a ‘shared’ or bedsit-type HMO ( licensable, if 3 storeys and 5 persons).
If it is an HMO, then:
- All HMOs are subject to HMO Management Regulations which impose duties on a person managing an HMO, and on all occupants.
- All HMOs are subject to the council’s local HMO Standards for overcrowding, amenities and fire safety.
- Certain ‘shared’ and bedsit HMOs require an HMO Licence.
What is a ‘section 257 block’ HMO?
A ‘section 257 block’ HMO is defined in section 257 of the Housing Act 2004:
(i) all of the living accommodation consists of converted self-contained flats*, and
(ii) the conversion work was done before the 1991 Building Regulations came into force, or did not comply with the 1991 or subsequent Building Regulations and still does not comply with them, and
(iii) less than two-thirds of the flats are owner-occupied**.
* A self-contained flat is a separate set of premises (i.e., the whole of the flat is located behind its own front door) which has all three basic amenities (toilet; personal washing facilities; cooking facilities).
** Owner-occupied means occupied by a person who is a freehold owner, or a leaseholder with a minimum 21-year lease, or a member of the household of a freeholder or leaseholder of the flat.
The following blocks of flats are not HMOs:
- a purpose-built block of self-contained flats
- a block of converted self-contained flats in which the conversion work complies with the 1991 or subsequent Building Regulations – including when none of the flats are owner-occupied.
- a block of converted self-contained flats in which two-thirds of the flats are owner-occupied is – including when the conversion work does not comply with Building Regulations.
What is a ‘shared’ or bedsit HMO?
A ‘shared’ or bedsit HMO is a house or a self-contained flat (or a building, or part of a building) occupied, as their main residence, by three or more persons belonging to two or more households, at least one of whom is renting.
But shared accommodation is not an HMO if (as in Schedule 14 of the Housing Act 2004):
- it is occupied by only two persons
- it is occupied by the owner and their household plus one lodger or two lodgers
- no rents (or other considerations) are payable
- the owner or manager is a local authority, a registered social landlord, a police or fire authority, or a health service body
- it is student accommodation owned or managed by an educational institution
- it is occupied principally for the purposes of a religious community.
All HMOs are subject to HMO Management Regulations which impose duties on the manager of an HMO in respect of
- repair
- maintenance
- cleanliness
- good order
- facilities
- equipment
and on the occupiers of an HMO for the purpose of ensuring that the manager can carry out their duties.
Non-compliance is punishable by a maximum £5,000 fine.
Which Regulations?
- A ‘section 257 block’ HMO is subject to Regulations 2 to 11 of The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 (Statutory Instrument 2007 No.1903),
- A ‘shared’ HMO is subject to The Management of Houses in Multiple Occupation (England) Regulations 2006 (Statutory Instrument 2006 No.0372) .
Download these documents in pdf format from the HMO and HMO Licensing publications section below.
Does my HMO require an HMO Licence?
A ‘section 257 block’ HMO is not licensable.
Certain ‘section 257 block’ HMOs have been registered in the council’s nine HMO Registration schemes, but HMO Registration is repealed from 1st October 2008.
A ‘shared’ or bedsit HMO is licensable, if it has 3 storeys (counting basements, loft extensions and commercial storeys) and is occupied, as their main residence, by 5 or more persons.
If you own or manage a licensable HMO, you must apply for an HMO Licence and pay the appropriate licence fee.
HMO Licence Fee
The standard fee for a 5-year licence is £1,000 plus £15 per habitable room (counting every bedroom, living room, dining room and kitchen-diner, but not small kitchens). The application must include a sketch plan of the layout of each storey, and the floor area of each habitable room.
Additional fees may be chargeable if the application is incomplete, or for an assisted application, or if the Council has to carry out extra work to obtain a full application.
A £75 discount is available for a landlord who is accredited by the London Landlords Accreditation Scheme or is a member of a regulatory body.
Failure to apply:
It is an offence if the landlord or person in control of a licensable HMO:
- fails to apply for a licence (maximum fine £20,000), or
- allows a property to be occupied by more people than permitted by the licence, or breaks any of the licence conditions (maximum fine £5,000).
HMO licence information pack and application form:
Download the following documents in pdf format:
» HMO licensing - information for applicants (34KB)
» Properties exempt from licensing (26KB)
» HMO licence application form (144KB)
» Notes to be read while completing the application form (49KB)
These can all be found on the HMO and HMO Licensing publications page.
Alternatively, you may request an HMO licence information pack from the:
HMO Team, Private Housing Service
Email: phs@lbhf.gov.uk
Tel: 020 8753 1221
HMO and HMO Licensing publications and leaflets
To download these publications in pdf format, click on the relevant link:
» HMO - Application form for a property license (144KB)
» HMO - Notes on application for a property license (49KB)
» HMO - Information for applicants (34KB)
» HMO - Exempt properties (26KB)
» HMO - Guide for landlords (92KB)
» HMO - Guide for tenants (98KB)
» HMO - Statutory instruments 2006 (58KB)
» HMO - Statutory instruments 2007 (63KB)
For more information visit www.westlondonalliance.org (opens new window).
| Office: | 020 8753 1258 |
